Dallas, TX (Law Firm Newswire) November 17, 2017 – The Trump administration released a statement of immigration principles that includes “performance metrics” for judges in immigration cases.
As part of a list of immigration policies which the president wants to implement, the administration said it would push to reduce the backlog of pending immigration court cases, including the hiring of 370 additional immigration judges and 1,000 additional U.S. Immigration and Customs Enforcement (ICE) attorneys, along with support personnel. But the President’s plan would also establish “performance metrics” for judges in immigration cases. The Justice Department, which runs immigration courts through the Executive Office for Immigration Review, stated that “numeric performance standards” would be implemented to evaluate judges. Critics warned that production quotas or similar measures would endanger judicial independence and due process.
“With a national immigration court backlog of 600,000+ cases, President Trump’s plan to impose production quotas on immigration judges attacks due process by compressing the time needed to carefully decide cases, thereby placing speed over the quality of decisions,” said Stewart Rabinowitz, a Dallas, Texas immigration attorney with Rabinowitz & Rabinowitz, P.C. “The administration’s plan also compromises judicial independence by giving new meaning to ‘rush to judgment’ to meet preset quotas,” Rabinowitz added. “A better approach is to further increase the number of immigration judges.”
Production quotas would be the “death knell for judicial independence,” according to the National Association of Immigration Judges (NAIJ). The association said that establishing such performance metrics would be unprecedented and may violate a federal regulation requiring judges to use their independent judgment and discretion.
Rabinowitz & Rabinowitz, P.C.
2591 Dallas Parkway, Suite 300
Frisco, TX 75034
By Appointment Only
Three Galleria Tower
13155 Noel Road, Suite 900
Dallas, TX 75240
- President Trump outlines proposed changes to immigration law
The Trump administration released a list of immigration principles and policies on Oct. 8, 2017, that complicate negotiations with Democrats to protect young undocumented immigrants who have qualified for the Deferred Action for Childhood Arrivals (DACA) to remain in the United States. President Trump’s list of principles details several policy positions, including completion of the …
- Trump administration rescinds DACA, looks to Congress for fix
On September 5, 2017, President Trump took action to end the Deferred Action for Childhood Arrivals (DACA) program, an Obama-era policy that protected some young immigrants from deportation. President Trump gave Congress a six-month time limit to pass a legislative solution before DACA would formally end and expose its beneficiaries to deportation. Immigrants eligible for …
- Department of State Suspends Nonimmigrant Visa Issuance in Russia
Beginning August 23, 2017, the U.S. Department of State suspended all nonimmigrant visa operations across Russia. All appointments in Moscow were canceled until September 1, when the department said that visa operations would resume on a greatly reduced scale. The U.S. Mission to Russia said the action was necessary because of reduced staffing levels. In …